Habib Rizieq Shihab Not Immobilized

The controversy colored the footsteps of the figure of Habib Rizieq Shihab (HRS) who renounce himself as the High Priest of the Islamic Defenders Front (FPI). FPI frontman who often uses turban and white robes is now afflicted by various legal cases.As well as three money, FPI also now face the swift demands The community so that organizations that are considered radical, often play a judge and anarchist immediately dissolved by the government. Both FPI leaders and mass organizations are perceived as using the issue of Islam as a pretext for action that reaps public unrest and is laden with potential lawlessness. Therefore, it is natural that now the group is not liked by the community and is considered the source of social upheaval that can disturb the sense of nationality and community unity.

The popularity of HRS had climbed after taking advantage of moment of blasphemy case by Ahok who is now a resident of Rutan Mako Brimob Kelapa Dua. Ahok’s act became the entrance for FPI elites to mobilize a wave of masses to reject religious blasphemy with GNPF-MUI containers throughout the period that coincided with the momentum of the DKI Jakarta election. Through the action of Bela Islam, HRS boosted its prestige while strengthening bargaining position as a figure that seems to represent Muslims who fret over the slow legal handling of Ahok. The religious anti-defamation movement by Muslims from various groups and regions of such massive and massive amidst the overwhelmingness of existing mainstream Islamic organizations contributes to the strengthening of HRS personification as the central figure determining those actions. This creates a kind of “megalomaniac syndrome” in which the HRS feels so great and if there are disturbing things it is considered an aggression on itself as the personification of the anti-religious contempt movement.

This megalomania attitude coupled with the psychological paranoid has made HRS is now also entangled a number of legal cases develop self-defense mechanisms with justification that he was being targeted and criminalized.All forms of action that is against his interests and will be believed to be injustice and scenarios to impose himself. The facts and rules of law are then ignored because the megalomania syndrome and paranoid attitude mask the awareness of itself as an Indonesian citizen who has the same position before the law and government as the principles of the Indonesian law state. HRS followers have been “framed” in a pseudo-aware consciousness about HRS as “can do no wrong”, and if any cases are alleged in HRS it must be a criminalization effort.

Killed Legal Case

Dozens of legal cases awaiting HRS are now sought Police to be a witness in cases of alleged chat and nasty pornography. Although still in witness status, HRS is now choosing to stay in Saudi Arabia and refuse Police calls under the pretext of unfair treatment and criminalization. This uncooperative attitude contrasts with FirzaHusein’s attitude of being snared with the same case and is now a suspect. Although FirzaHusein expressed his objection to the determination of himself as a suspect and will take legal action, FirzaHusein has demonstrated the attitude of “gentlemen” by performing his duty as a devout citizen and respecting the applicable legal process. This is different from the HRS that actually “hides” in Saudi Arabia and propagate the resistance with the threat of bringing the case that happened to him in the International forum.

The threat of HRS to bring his case to Geneva or the International Court of Justice is certainly not that easy to realize. In addition to the status of HRS who is still a witness, the case in question is related to a criminal that is not part of the legal object of international legal regime either International Court of Justice (IJC) which usually concerns business or civil disputes as well as International Criminal Court (ICC) which Prosecute war crimes, genocide or gross human rights violations. Clearly from the authority of the IJC and the ICC, the cases requested for information on HRS are out of context so that it will not be difficult to respond to by the international legal regime.

HRS’s efforts to internationalize the case it faces are clearly a political propaganda that actually shows the unpatriotic attitude of an HRS who is an Indonesian citizen. Similarly, the choice to “hide” in Saudi Arabia is to avoid its obligation as a citizen to comply with legal process in Indonesia. This attitude is similar to what HRS has always criticized about Ahok’s supporters who also use political propaganda for internationalization in order to detain Ahok who is a court order released. Therefore, it would be ironic if HRS pursues in a way that is not the same patriotic as he accused Ahok’s supporters and certainly contradicts his claim that pro-NKRI, Pancasila and the 1945 Constitution.

In addition to alleged cases of chat nasty and pornography which is now known as the case “Baladacintarizieq”, HRS also complicated by other legal issues. Like the old song that played back, HRS has been caught up in various lawsuits that always appear one after the other. In 2003, the Central Jakarta District Court Assembly had sentenced her to 7 months in prison for HRS because it was proven legally and convincingly of committing crimes of sedition, against the security forces, and ordering the destruction of a number of entertainment venues in Jakarta. A similar ruling also occurred in 2008 in which HRS was sentenced to 1.6 years in prison after being found guilty of assault against the masses of the Alliance for Freedom of Religion and Belief (AKKBB) during a protest at Silang Monas.

Now, dozens of cases have been charged to HRS for alleged blasphemy, defamation, public hate spreading, to pornography. Some of the rolling cases add to HRS’s track record as a controversial FPI leader. In the same time as the case of “Baladacintarizieq”, HRS must also prepare itself to face the case of Pancasila desecration as reported by Sukmawati Soekarnoputri to Bareskrim in October 2016 on charges of desecration of Pancasila and now the case rolled in Polda Jabar.Kasus was started from lectures on the field of HRS Gasibu, Bandung in 2011 ago where mentioned that the script of Pancasila Soekarno sila Ketuhanan formulation is in the “ass”, while the manuscript of Pancasila according to the Charter of Jakarta, sila Ketuhanan is in the head. Upon this lecture, HRS allegedly violated Article 154a of the Criminal Code and / or Article 320 of the Criminal Code and / or Article 57a juncto Article 68 of Law no. 24 Year 2009 on Flag, Language and State Symbol, and National Anthem, and has been designated as a suspect by Polda Jabar at the end of January 2017.

In addition, HRS is also in the process of investigating the Police for religious defamation cases reported by PMKRI with alleged violation of Article 156 of the Criminal Code and Article 156a of the Criminal Code at the end of December 2016. In addition to cases of violation of UU ITE after the lecture HRS accused that Currency Paper issued by BI Emblazoned with PKI symbols, Palu Arit. The HRS lecture published by social media then reap a strong reaction from various parties and clarification from the BI who issued currency. According to BI’s information, the symbol alleged by HRS as symbol Palu Arit is a printed BI logo With rectoverso technique as security for Indonesian currency so as not to be easily falsified. Therefore, the unfounded allegation of HRS made him reported by members of the community with alleged violations of Article 28 paragraph (2) and Article 28 paragraph (1) juncto article 45 paragraph (2) of the ITE Law and his case has been in the investigation since End of January 2017.

There is No Immune to the LawThe principle of the rule of law is equality before the law and nothing is immune from the reach of the law. Article 27 of the 1945 Constitution asserts that all citizens are equal before the law and government. Consequently, any citizen who has problems with law enforcement must submit to and obey the applicable legal rules without exception of HRS. HRS’s “hiding” and propaganda against the law enforcement process in Indonesia clearly demonstrates the low quality of HRS legal awareness and unpatriotic attitude as citizens.The allegations and allegations of criminalization and injustice should be proven by using available legal means. Moreover, the status of HRS is only limited to the unconfirmed witness on the next status whether to become a suspect or not. Even if later found evidence that leads to the role of HRS in a suspected case and its status as a witness is then established as a suspect, the legal mechanism provides a constitutional guarantee for the right of HRS to file a pre-trial on its determination as a suspect. The Constitutional Court Decision No: 21 / PUU-XII / 2014 had determined that suspect, search and seizure are objects of pre-timber. In addition, pretrial mechanisms can also be an opportunity for HRS to assess the extent of the Police professionalism in carrying out its role so far and to prove its allegations of criminalization.In the handling of cases of alleged violation of Article 4 paragraph (1) together with Article 29 and / or Article 32 of Law no. 44 of 2008 on Pornography and Article 27 paragraph (1) together with Article 45 paragraph (1) of Law no. 11 of 2008 concerning the ITE or the case of “Baladacintarizieq” as the basis for determination of HRS as a witness required his information or other legal cases, law enforcement officers should not hesitate and must demonstrate their ability to enforce the law professionally. Police action by issuing a blue notice to the presence of HRS in Saudi Arabia and waiting until the valid HRS validity period of course can be appreciated as a persuasive step. If the HRS visa is exhausted, HRS will certainly face deportation by Saudi Arabian immigration. The good relations between Indonesia and Saudi Arabia will certainly be a sign for Saudi Arabia not to interfere and respect Indonesian sovereignty in law enforcement cases that affect HRS.
The police must also have a strong belief that HRS is a key witness whose information is required in the investigation so that there is legal certainty in cases that allegedly involve HRS and Firza Husein. If it is necessary then the Police may resort to forceful efforts and use existing mechanisms to ensure that HRS is compliant To the applicable law in Indonesia. Furthermore, the Police should also be able to demonstrate their professional capacity as law enforcers in order to prove that the accusations of criminalization and injustice are mere imagination of HRS and contrary to the existing legal facts.Whoever violates the law, whether HRS, Ahok, or ordinary people, nothing is immune from law in Indonesia.

*) The author is a graduate alumnus University of Indonesia (UI). Previously earned a degree in FISIP University of Jember. Mass communication observer in Cersia, Jakarta.